Court No. - 28
Case :- WRIT - A No. - 48937 of 2016 Petitioner :- Moti Ram And 3 Ors. Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Harishchandra Dubey Counsel for Respondent :- C.S.C.,Nisheeth Yadav
Hon'ble Siddharth,J.
Heard Sri V. K. Upadhyay, Advocate, holding brief of Sri Harish Chandra Dubey, learned counsel for the petitioners, learned Standing Counsel for the State- respondents and Sri Nisheeth Yadav, learned counsel representing respondent nos. 2 to 5.
Petitioners have approached this Court challenging the order dated 09.08.2016 passed by by Managing Director, Uttar Pradesh Sugar Federation Mills Uttar Pradesh, Lucknow/ respondent no.3, whereby he has directed fresh appointment on the post held by the petitioners, i.e., Welder IInd and the advertisement dated 19.08.2016 issued by the General Manager, Kisan Sahkari Chini Mill Limited, Nanauta, Shaharanpur / respondent no.5, for making fresh recruitment on the post of Welder IInd held by the petitioner.
No counter affidavit has been filed in this case despite repeated grant of time.
Learned counsel for the petitioners has referred to the circulars dated 14.02.2002, 7th July, 2006 and 31.07.2006 issued by the respondents wherein the procedure for regularisation of the employees working on daily wages and seasonal post have been provided in phased manner.
The argument of the learned counsel for the petitioners is that without considering their claim for regularisation in service as they are working since 1989, the proceedings for appointment of candidate directly by way of advertisement have been initiated in violation of their own circulars of the respondents.
In view of the facts and circumstances of the case, this petition is disposed of with a direction to respondent no.5 / General Manager, Kisan Sahkari Chini Mill Limited, Nanauta, Shaharanpur, to consider the claim of the petitioners for regularisation in service in accordance with the circulars aforesaid before proceeding to fill-up the post held by the petitioners by way of fresh advertisement directly, provided no fresh appointment has been made in pursuance of the impugned advertisement. This exercise shall be completed by the respondent no.5 within a period of three months from the date of presentation of a certified copy of this order.
Petition stands disposed of.
Order Date :- 30.3.2018 SS